By Gallegos                                           S.B. No. 1254
         77R3022 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to local control of police officer employment matters in
 1-3     certain municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 143, Local Government Code, is amended by
 1-6     adding Subchapter K to read as follows:
 1-7               SUBCHAPTER K.  LOCAL CONTROL OF POLICE OFFICER
 1-8                EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES
 1-9           Sec. 143.401.  APPLICABILITY.  This subchapter applies only
1-10     to a municipality with a population of 100,000 or more the majority
1-11     of the territory of which is located in a county with a population
1-12     of 2.8 million or more.
1-13           Sec. 143.402.  DEFINITIONS.  In this subchapter:
1-14                 (1)  "Bargaining agent" means the police employee group
1-15     selected under Section 143.404 to represent all police officers
1-16     employed by the municipality, excluding the department head and
1-17     assistant department heads, during negotiations with the public
1-18     employer.
1-19                 (2)  "Police employee group" means an organization:
1-20                       (A)  in which at least three percent of the
1-21     police officers of the municipality participate and pay dues; and
1-22                       (B)  that exists for the purpose, in whole or
1-23     part, of dealing with the municipality concerning grievances, labor
1-24     disputes, wages, rates of pay, benefits, hours of work, or
 2-1     conditions of work affecting police officers.
 2-2                 (3)  "Public employer" means any municipality or
 2-3     agency, board, commission, or political subdivision controlled by a
 2-4     municipality that is required to establish the wages, salaries,
 2-5     rates of pay, benefits, hours of work, working conditions, and
 2-6     other terms and conditions of employment of police officers.  The
 2-7     term includes, under appropriate circumstances, a mayor, manager,
 2-8     administrator of a municipality, municipal governing body, director
 2-9     of personnel, personnel board, or one or more other officials,
2-10     regardless of the name by which they are designated.
2-11           Sec. 143.403.  GENERAL PROVISIONS RELATING TO AGREEMENTS,
2-12     RECOGNITION, AND STRIKES.  (a)  A municipality may not be denied
2-13     local control over the wages, salaries, rates of pay, benefits,
2-14     hours of work, and other terms of employment, or other
2-15     state-mandated personnel issues, if the public employer and the
2-16     bargaining agent come to a mutual agreement on any of the terms of
2-17     employment.  If an agreement is not reached, the state laws, local
2-18     ordinances, and civil service rules remain unaffected.  All
2-19     agreements shall be written.  Nothing in this subchapter requires
2-20     either party to meet and confer on any issue or reach an agreement.
2-21           (b)  A public employer may meet and confer only if the
2-22     bargaining agent does not advocate the illegal right to strike by
2-23     public employees.
2-24           (c)  Police officers of a municipality may not engage in
2-25     strikes or organized work stoppages against this state or a
2-26     political subdivision of this state.  A police officer who
2-27     participates in a strike forfeits all civil service rights,
 3-1     reemployment rights, and any other rights, benefits, or privileges
 3-2     the police officer enjoys as a result of employment or prior
 3-3     employment, except that the right of an individual to cease work
 3-4     may not be abridged if the individual is not acting in concert with
 3-5     others in an organized work stoppage.
 3-6           Sec. 143.404.  RECOGNITION OF POLICE EMPLOYEE GROUP;
 3-7     DESIGNATION OF EMPLOYER BARGAINING TEAM.  (a)  The public employer
 3-8     may recognize a police employee group that submits a petition
 3-9     signed by a majority of the paid police officers in the
3-10     municipality, excluding the head of the department and assistant
3-11     department heads in the rank or classification immediately below
3-12     that of the department head, as the sole and exclusive bargaining
3-13     agent for all of the police officers in the municipality, excluding
3-14     the department head and assistant department heads, unless
3-15     recognition of the police employee group is withdrawn by a majority
3-16     of those police officers.
3-17           (b)  Whether a police employee group represents a majority of
3-18     the police officers in the municipality, excluding the department
3-19     head and assistant department heads, shall be resolved by a fair
3-20     election conducted according to procedures agreed on by the
3-21     parties.  If the parties are unable to agree on election
3-22     procedures, either party may request the American Arbitration
3-23     Association to conduct the election and to certify the results.
3-24     Certification of the results of an election under this subsection
3-25     resolves the question concerning representation.  The police
3-26     employee group shall pay the costs of the election, except that if
3-27     two or more police employee groups seeking recognition as the
 4-1     bargaining agent submit petitions signed by a majority of the
 4-2     police officers eligible to sign the petition, the police employee
 4-3     groups shall share equally the costs of the election.
 4-4           (c)  The public employer's chief executive officer shall
 4-5     designate a team to represent the public employer as its sole and
 4-6     exclusive bargaining agent for issues related to the police
 4-7     department.
 4-8           Sec. 143.405.  PAYROLL DUES DEDUCTIONS.  After a bargaining
 4-9     agent is recognized, the public employer may not stop or prevent
4-10     automatic payroll deductions for dues paid to a police employee
4-11     group because the group is or is not the bargaining agent.
4-12           Sec. 143.406.  OPEN RECORDS REQUIRED.  All documents relating
4-13     to an agreement between a bargaining agent and a public employer
4-14     shall be available to the public in accordance with state statutes.
4-15           Sec. 143.407.  ENFORCEABILITY OF AGREEMENT.  (a)  A written
4-16     agreement made under this subchapter between a public employer and
4-17     a bargaining agent is enforceable and binding on the public
4-18     employer, the bargaining agent, police employee groups, and the
4-19     police officers covered by the agreement if:
4-20                 (1)  the municipality's governing body ratified the
4-21     agreement by a majority vote; and
4-22                 (2)  the agreement is ratified under Section 143.408.
4-23           (b)  A state district court of a judicial district in which a
4-24     majority of the population of the municipality is located has full
4-25     authority and jurisdiction on the application of either party
4-26     aggrieved by an action or omission of the other party when the
4-27     action or omission is related to a right, duty, or obligation
 5-1     provided by any written agreement ratified as required by this
 5-2     subchapter.  The court may issue proper restraining orders,
 5-3     temporary and permanent injunctions, and any other writ, order, or
 5-4     process, including contempt orders, that are appropriate to
 5-5     enforcing any written agreement ratified as required by this
 5-6     subchapter.
 5-7           Sec. 143.408.  ELECTION TO RATIFY AGREEMENT.  (a)  The
 5-8     bargaining agent shall call an election to ratify any agreement
 5-9     reached with the public employer.
5-10           (b)  All police officers of the municipality, other than the
5-11     department head and assistant department heads, are eligible to
5-12     vote in the election.
5-13           (c)  The bargaining agent shall establish procedures of the
5-14     election.
5-15           (d)  Except as provided by Subsection (e), a majority of all
5-16     votes cast is required to ratify an agreement.
5-17           (e)  To ratify a provision of the agreement that alters,
5-18     amends, or changes this chapter's application to the municipality,
5-19     the majority of all police officers employed by the municipality
5-20     must vote in favor of the provision.
5-21           Sec. 143.409.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
5-22     (a)  A written agreement ratified under this subchapter between a
5-23     public employer and the bargaining agent supersedes a previous
5-24     statute concerning wages, salaries, rates of pay, benefits, hours
5-25     of work, and other terms of employment to the extent of any
5-26     conflict with the previous statute.
5-27           (b)  A written agreement ratified under this subchapter
 6-1     preempts all contrary local ordinances, executive orders,
 6-2     legislation, or rules adopted by the state or a political
 6-3     subdivision or agent of the state, such as a personnel board, a
 6-4     civil service commission, or a home-rule municipality.
 6-5           (c)  An agreement under this subchapter may not diminish or
 6-6     qualify any right, benefit, or privilege of an employee under this
 6-7     chapter unless approved in accordance with Section 143.408(e) or
 6-8     under other law unless approved by a majority of the votes cast at
 6-9     the secret ballot election held by the bargaining agent to ratify
6-10     the agreement.
6-11           Sec. 143.410.  REPEAL OF AGREEMENT BY ELECTORATE.  Within 45
6-12     days after the date an agreement is ratified and signed by the
6-13     municipality and the bargaining agent, a petition signed by a
6-14     number of registered voters equal to 10 percent of the votes cast
6-15     at the most recent mayoral general election in the municipality may
6-16     be presented to the municipal secretary calling an election for the
6-17     repeal of the agreement, in which event the governing body shall
6-18     reconsider the agreement, and, if it does not repeal the agreement,
6-19     it shall call an election of the qualified voters to determine if
6-20     they desire to repeal the agreement.  The election shall be held as
6-21     part of the next regularly scheduled municipal election or at a
6-22     special election called by the governing body for that purpose.  If
6-23     at the election a majority of the votes are cast in favor of the
6-24     repeal of the adoption of the agreement, the agreement becomes
6-25     void.  The ballot shall be printed to provide for voting for or
6-26     against the proposition:
6-27           "Repeal of the adoption of the agreement ratified by the
 7-1     municipality and the police officers of the municipality concerning
 7-2     wages, salaries, rates of pay, benefits, hours of work, and other
 7-3     terms of employment."
 7-4           Sec. 143.411.  PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.
 7-5     (a)  For the purpose of any disciplinary appeal to either the civil
 7-6     service commission or a hearing examiner, all police officers have
 7-7     the right to choose to be represented by any person of their choice
 7-8     or by the police employee group selected as the bargaining agent.
 7-9           (b)  An agreement may not interfere with the right of a
7-10     member of a police employee group to pursue allegations of
7-11     discrimination based on race, creed, color, national origin,
7-12     religion, age, sex, or disability with the Commission on Human
7-13     Rights or the federal Equal Employment Opportunity Commission or to
7-14     pursue affirmative action litigation.
7-15           SECTION 2.  This Act takes effect September 1, 2001.